My question is without transfer of ownership from father to children's (6 members) is it possible to make GPA from his children's
2 years ago
House ownership exist on Father Name who is having 6 children's (4 Sisters and 2 Brothers). Ownership father and his wife died many years back. Out of 4 sister one is staying at USA she is currently in India. my friend thinking to purchase this house. Now owner son is saying all 5 members of his family ready to give registered GPA with consent on me for making sale deed with my friend. Now my question is without transfer of ownership from father to children's (6 members) is it possible to make GPA from his children's ? reason is USA sister is staying only for one week in India. Within one week transfer of property from Father to 6 children's is not possible. is there any solution for this? need to take consent from at least USA sister before she moves. kindly provide immediate suggestions.
Sidhaarth
Responded 2 years ago
You may get a stay order from the Court to avoid sale of any portion of house and get enter such court order details in the encumbrance certificate maintained by the Sub-Registrar office. Normally, undivided share cannot be sold but to make the issue complicated registration can be done and there will be more complications to cancel it.
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After the father death the property would be first he given to the all the legal heirs and could be transferred after that. It's first need to be mutated in their name then get transferred. Also you have option to transfer the property in one the legal heir with the consent of other legal heirs and then transfer the property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
It wouldn't be possible to transfer the property directly selling it to the purchaser from US. First the property need to be mutated in the name of all the children. Although you have a option get an agreement signed between both parties regarding selling of property and first transfer the property to children name.
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Lucem Leg
Responded 2 years ago
A.Dear Sir/Mam,
You will have to apply for SMC (Surviving Member Certificate) from the concerned authority. After getting the same, one of your siblings can make a GPA on the name of one sibling then after that person can make sale or transfer the property to another person. Also, you have the other option too, out of 6 siblings, 5 can make a GPA to one sibling then also can make transfer.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago